Drafting and Defending Software Patents to Survive Section 101 and AIA Challenges
Anticipating and Minimizing the Risk of 101, 103 Rejections, Recent Court Guidance
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to patent practitioners on how to draft their patent applications to overcome both Section 101 and AIA challenges. This panel has decades of experience in Section 101 and has represented patent owners numerous times in AIA reviews.
- Challenges in drafting software patents
- Guidance from recent Federal Circuit decisions, including ex parte PTAB appeal decisions reversing examiner rejections
- Best practices for drafting software patent claims
- Benefits of claimed inventions
- Source code
- Anticipating and minimizing the risk of rejections
- Defending §101 challenges at the district court and PTAB
The panel will review these and other high priority issues:
- What are the hurdles for patent counsel to demonstrate a software-related claim is not abstract?
- If an abstract idea is found, how can patent practitioners pass Alice’s step two?
- What guidance have the courts provided in recent decisions concerning patent eligibility for software-related inventions?
- What best practices should counsel use to help software-related inventions survive AIA challenges?
- What is the best way to defend against §101 pre-trial attacks?
Michael L. Kiklis
Bass Berry & Sims
Mr. Kiklis focuses on post-grant counseling, patent litigation and patent prosecution. With an extensive... | Read More
Mr. Kiklis focuses on post-grant counseling, patent litigation and patent prosecution. With an extensive background in computer science, he focuses his practice on software patent matters. He frequently handles high stakes matters, having been involved in several cases in which over $1 billion was at stake.Close
Stephen G. Kunin
Maier & Maier
Mr. Kunin represents clients in post-grant patent proceedings at the U.S. Patent and Trademark Office. He also... | Read More
Mr. Kunin represents clients in post-grant patent proceedings at the U.S. Patent and Trademark Office. He also serves as an expert witness and consultant on patent policy, practice and procedure. During his tenure at the USPTO, he served in many executive positions, including as Deputy Commissioner for Patent Examination Policy.Close